What rights does a non-biological dad have and why? 8 Answers as of August 25, 2015

If the biological dad is established in paternity what rights does the non-biological dad? The non-biological dad has been in child’s life for the length of her life, but the biological dad wants his rights back. What can he do?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Raises a number of issues which requires more information to properly answer. How old is the child? How long has the father figure been in the child's life? Who does the child identify as being her father? Where does the mother fit into all of this? If it is not in the child's best interests, bio dad may not get any access.
Answer Applies to: New York
Replied: 8/25/2015
Law Office of Martin A. Kahan | Martin A. Kahan
Even though he is not bio dad, he may qualify as legal or presumed dad. You should consult with a family law attorney for advice as to legal status and rights for such.
Answer Applies to: California
Replied: 8/25/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Depending on the State of your residence, you may have 'quasi-parental' rights and obligations. Consult an experienced matrimonial lawyer in your locality.
Answer Applies to: Wisconsin
Replied: 8/24/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The child would be able to have a relationship with the biological father as well as the presumed father. The "presumed father"is the individual who has held themselves out as an important parent in the child's life. Please meet with an experienced family law attorney to establish your legal rights and how to proceed.
Answer Applies to: California
Replied: 8/24/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
The issues that need to be addressed all flow from a case by the name of Privette v. Privette which I seem to be writing about a lot these days. Privette stands for the proposition that a child born during the existence of a valid marriage is the legal child of the Husband and not the biological father. The reasoning of the Court in Privette is that the child would have been more likely to have a bond with the Husband than the biological Father and that such should not be disturbed. My firm, applying this logic in reverse on appeal, successfully carved out one of the exceptions to Privette by arguing that a non married, non-biological father whom raised the child since birth and was placed on the child's birth certificate by the Mother and the non-bio dad, both of them knowing full well that the non-bio dad was not the bio dad was entitled to same protection as a Husband. Again, the logic is that in our case, if the Court were to look at the quality of the relationship over the mere biological data that the non-bio dad had in fact raised the child and was the only father that the child knew. The appellate court agreed with our position. Florida favors a strong public policy that in a case contesting paternity, DNA tests to establish that a man other than the legal father of a child is the biological father will not be ordered unless the court determines that it is in the best interest of the child. Allison v. Medlock, 983 So. 2d 789 (Fla. Dist. Ct. App. 4th Dist. 2008). Thus, any lawyer that is evaluating your situation, needs to have a better understanding of the facts underlying the lawsuit.
Answer Applies to: Florida
Replied: 8/24/2015
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